CASE DIGEST : Restituto Ynot Vs IAC

G.R. No. 74457 March 20, 1987 RESTITUTO YNOT, petitioner, vs. INTERMEDIATE APPELLATE
COURT, THE STATION COMMANDER, INTEGRATED NATIONAL POLICE, BAROTAC NUEVO, ILOILO
and THE REGIONAL DIRECTOR, BUREAU OF ANIMAL INDUSTRY, REGION IV, ILOILO CITY,
respondents.
On January 13, 1984, the petitioner transported six carabaos in a pump boat from Masbate to Iloilo when
the same was confiscated by the police station commander of Barotac Nuevo, Iloilo for the violation of
E.O. 626-A. A case was filed by the petitioner questioning the constitutionality of executive order and the
recovery of the carabaos. After considering the merits of the case, the confiscation was sustained and the
court declined to rule on the constitutionality issue. The petitioner appealed the decision to the
Intermediate Appellate Court but it also upheld the ruling of RTC.
Issue:
Is E.O. 626-A unconstitutional?
Ruling:
The Respondent contends that it is a valid exercise of police power to justify EO 626-A amending EO 626
in asic rule prohibiting the slaughter of carabaos except under certain conditions. The supreme court said
that The reasonable connection between the means employed and the purpose sought to be achieved by
the questioned measure is missing the Supreme Court do not see how the prohibition of the interprovincial transport of carabaos can prevent their indiscriminate slaughter, considering that they can be
killed anywhere, with no less difficulty in one province than in another. Obviously, retaining the carabaos
in one province will not prevent their slaughter there, any more than moving them to another province will
make it easier to kill them there
The Supreme Court found E.O. 626-A unconstitutional. The executive act defined the prohibition,
convicted the petitioner and immediately imposed punishment, which was carried out forthright. Due
process was not properly observed. In the instant case, the carabaos were arbitrarily confiscated by the
police station commander, were returned to the petitioner only after he had filed a complaint for recovery
and given a supersedeas bond of P12,000.00. The measure struck at once and pounced upon the
petitioner without giving him a chance to be heard, thus denying due process.

PASEI vs Drilon Case Digest

PHILIPPINE ASSOCIATION OF SERVICE EXPORTERS VS. DRILON G.R.
NO. L-81958JUNE 30, 1988FACTS:
The Philippine Association of Service Exporters, Inc. (PASEI) challenges
theConstitutional validity of Department Order No. 1, Series of 1988, of the
Departmentof Labor and Employment, in the character of
"GUIDELINES GOVERNING THETEMPORARY SUSPENSION
OF DEPLOYMENT OF FILIPINO DOMESTIC ANDHOUSEHOLD WORKERS," in
this petition for certiorari and prohibition. Specifically,the measure is assailed
for "discrimination against males or females;" that it "does notapply to all
Filipino workers but only to domestic helpers and females with
similar skills;" and that it is violative of the right to travel. It is held likewise
to be an invalidexercise of the lawmaking power, police power
being legislative, and not executive, incharacter.In its supplement to the
petition, PASEI invokes Section 3, of Article XIII,
of theConstitution, providing for worker participation "in policy and d
ecision-makingprocesses affecting their rights and benefits as may be
provided by law." DepartmentOrder No. 1, it is contended, was passed in the
absence of prior consultations. It isclaimed, finally, to be in violation of the
Charter's non-impairment clause, in addition tothe "great and irreparable
injury" that PASEI members face should the Order befurther enforced.
ISSUE:
Whether or not the Department Order No. 1 in nature of the police power
isvalid under the Constitution?
HELD:
In the light of the foregoing, the petition must be dismissed. As a general
rule, official acts enjoy a presumed validity. In the absence of clear
andconvincing evidence to the contrary, the presumption logically
stands.The petitioner has shown no satisfactory reason why the contested
measure shouldbe nullified. There is no question that Department Order No.
1 applies only to "femalecontract workers," but it does not thereby make an
undue discrimination between thesexes. It is well-settled that "equality
before the law" under the Constitution does noti m p o r t
a perfect Identity of rights among all men and
w o m e n . I t a d m i t s o f classifications, provided that (1) such classifications
rest on substantial distinctions;(2) they are germane to the purposes of the
law; (3) they are not confined to existingconditions; and (4) they apply
equally to all members of the same class.The Court is well aware of the
unhappy plight that has befallen our female labor forceabroad, especially
domestic servants, amid exploitative working conditions marked byphysical
and personal abuse. As precisely the caretaker of Constitutional rights,
theCourt is called upon to protect victims of exploitation. In fulfilling that
duty, the Courtsustains the Government's efforts.The same, however, cannot
be said of our male workers. In the first place, there is noevidence that,
except perhaps for isolated instances, our men abroad have
beenaffl icted with an identical predicament. Suffi ce it to state,

then, that insofar asclassifications are concerned, this Court is content

that distinctions are borne by theevidence. Discrimination in this case is
justified.There is likewise no doubt that such a classification is germane to
the purpose behindthe measure. Unquestionably, it is the avowed objective
of Department Order No. 1 to"enhance the protection for Filipino female
overseas workers" this Court has no
SECTION 17. Basic Services and Facilities.
a) Local government units shall endeavor to be self-reliant and shall continue exercising the
powers and discharging the duties and functions currently vested upon them. They
shall also discharge the functions and responsibilities of national agencies and
offices devolved to them pursuant to this Code. Local government units shall likewise
exercise such other powers and discharge such other functions and responsibilities
as are necessary, appropriate, or incidental to efficient and effective provision of the
basic services and facilities enumerated herein.
(b) Such basic services and facilities include, but are not limited to, the following:
(1) For a Barangay:
(i) Agricultural support services which include planting materials
distribution system and operation of farm produce collection
and buying stations;
(ii) Health and social welfare services which include maintenance of
Barangay health center and day-care center;
(iii) Services and facilities related to general hygiene and sanitation,
beautification, and solid waste collection;
(iv) Maintenance of Katarungang Pambarangay;
(v) Maintenance of Barangay roads and bridges and water supply
systems
(vi) Infrastructure facilities such as multi- purpose hall, multipurpose
pavement, plaza, sports center, and other similar facilities;
(vii) Information and reading center; and
(viii) Satellite or public market, where viable;
(2) For a municipality:
(i) Extension and on-site research services and facilities related to
agriculture and fishery activities which include dispersal of
livestock and poultry, fingerlings, and other seeding materials
for aquaculture; palay, corn, and vegetable seed farms;
medicinal plant gardens; fruit tree, coconut, and other kinds of
seedling nurseries; demonstration farms; quality control of
copra and improvement and development of local distribution
channels, preferably through cooperatives; inter -Barangay
irrigation system; water and soil resource utilization and
conservation

projects; and enforcement of fishery laws in municipal waters

including the conservation of mangroves;
(ii) Pursuant to national policies and subject to supervision, control and
review of the DENR, implementation of community-based
forestry projects which include integrated social forestry
programs and similar projects; management and control of
communal forests with an area not exceeding fifty (50) square
kilometers; establishment of tree parks, greenbelts, and similar
forest development projects;
(iii) Subject to the provisions of Title Five, Book I of this Code, health
services which include the implementation of programs and
projects on primary health care, maternal and child care, and
communicable and non-communicable disease control
services; access to secondary and tertiary health services;
purchase of medicines, medical supplies, and equipment
needed to carry out the services herein enumerated;
(iv) Social welfare services which include programs and projects on
child and youth welfare, family and community welfare,
women's welfare, welfare of the elderly and disabled persons;
community-based rehabilitation programs for vagrants,
beggars, street children, scavengers, juvenile delinquents, and
victims of drug abuse; livelihood and other pro-poor projects;
nutrition services; and family planning services;
(v) Information services which include investments and job placement
information systems, tax and marketing information systems,
and maintenance of a public library;
(vi) Solid waste disposal system or environmental management
system and services or facilities related to general hygiene and
sanitation;
(vii) Municipal buildings, cultural centers, public parks including
freedom parks, playgrounds, and sports facilities and
equipment, and other similar facilities;
(viii) Infrastructure facilities intended primarily to service the needs of
the residents of the municipality and which are funded out of
municipal funds including, but not limited to, municipal roads
and bridges; school buildings and other facilities for public
elementary and secondary schools; clinics, health centers and
other health facilities necessary to carry out health services;
communal irrigation, small water impounding projects

and other similar projects; fish ports; artesian wells, spring

development, rainwater collectors and water supply systems;
seawalls, dikes, drainage and sewerage, and flood control;
traffic signals and road signs; and similar facilities;
(ix) Public markets, slaughterhouses and other municipal enterprises;
(x) Public cemetery;
(xi) Tourism facilities and other tourist attractions, including the
acquisition of equipment, regulation and supervision of
business concessions, and security services for such facilities;
and
(xii) Sites for police and fire stations and substations and the municipal
jail;
(3) For a Province:
(i) Agricultural extension and on-site research services and
facilities which include the prevention and control of plant and
animal pests and diseases; dairy farms, livestock markets,
animal breeding stations, and artificial insemination centers;
and assistance in the organization of farmers' and fishermen's
cooperatives and other collective organizations, as well as the
transfer of appropriate technology;
(ii) Industrial research and development services, as well as the
transfer of appropriate technology;
(iii) Pursuant to national policies and subject to supervision, control
and review of the DENR, enforcement of forestry laws limited to
community-based forestry projects, pollution control law, smallscale mining law, and other laws on the protection of the
environment; and mini-hydro electric projects for local
purposes;
(iv) Subject to the provisions of Title Five, Book I of this Code, health
services which include hospitals and other tertiary health
services;
(v) Social welfare services which include pro grams and projects on
rebel returnees and evacuees; relief operations; and,
population development services;
(vi) Provincial buildings, provincial jails, freedom parks and other
public assembly areas, and other similar facilities;
(vii) Infrastructure facilities intended to service the needs of the
residents of the province and which are funded out of provincial
funds including, but not limited to,

provincial roads and bridges; inter-municipal waterworks,

drainage and sewerage, flood control, and irrigation systems;
reclamation projects; and similar facilities;
(viii) Programs and projects for low-cost housing and other mass
dwellings, except those funded by the Social Security System
(SSS), Government Service Insurance System (GSIS), and the
Home Development Mutual Fund (HDMF): Provided, That
national funds for these programs and projects shall be
equitably allocated among the regions in proportion to the ratio
of the homeless to the population;
(ix) Investment support services, including access to credit financing;
(x) Upgrading and modernization of tax information and collection
services through the use of computer hardware and software
and other means;
(xi) Inter-municipal telecommunications services, subject to national
policy guidelines; and
(xii) Tourism development and promotion programs;
(4) For a City:
All the services and facilities of the municipality and province, and in
addition thereto, the following:
(i) Adequate communication and transportation facilities;
(ii) Support for education, police and fire services and facilities.
(c) Notwithstanding the provisions of subsection (b) hereof, public works and
infrastructure projects and other facilities funded by the national government
under the annual General Appropriations Act, other special laws, pertinent
executive orders, and those wholly or partially funded from foreign sources,
are not covered under this Section, except in those cases where the local
government unit concerned is duly designated as the implementing agency
for such projects, facilities, programs, and services.
(d) The designs, plans, specifications, testing of materials, and the procurement of
equipment and materials from both foreign and local sources necessary for
the provision of the foregoing services and facilities shall be undertaken by
the local government unit concerned, based on national policies, standards
and guidelines.

(e) National agencies or offices concerned shall devolve to local government units
the responsibility for the provision of basic services and facilities enumerated
in this Section within six (6) months after the effectivity of this Code.
As used in this Code, the term "devolution" refers to the act by which the
national government confers power and authority upon the various local
government units to perform specific functions and responsibilities.
(f) The national government or the next higher level of local government unit may
provide or augment the basic services and facilities assigned to a lower level
of local government unit when such services or facilities are not made
available or, if made available, are inadequate to meet the requirements of its
inhabitants.
(g) The basic services and facilities hereinabove enumerated shall be funded from
the share of local government units in the proceeds of national taxes and
other local revenues and funding support from the national government, its
instrumentalities and government-owned or -controlled corporations which
are tasked by law to establish and maintain such services or facilities. Any
fund or resource available for the use of local government units shall be first
allocated for the provision of basic services or facilities enumerated in
subsection (b) hereof before applying the same for other purposes, unless
otherwise provided in this Code.
(h) The Regional offices of national agencies or offices whose functions are devolved
to local government units as provided herein shall be phased out within one
(1) year from the approval of this Code. Said national agencies and offices
may establish such field units as may be necessary for monitoring purposes
and providing technical assistance to local government units. The properties,
equipment, and other assets of these regional offices shall be distributed to
the local government units in the region in accordance with the rules and
regulations issued by the oversight committee created under this Code.
(i) The devolution contemplated in this Code shall include the transfer to local
government units of the records, equipment and other assets and personnel
of national agencies and offices, corresponding to the devolved powers,
functions, and responsibilities.

Personnel of said national agencies or offices shall be absorbed by the local

government units to which they belong or in whose areas they are assigned
to the extent that it is administratively viable as determined by the said
oversight committee: Provided, That the rights accorded to such personnel
pursuant to civil service law, rules and regulations shall not be impaired:
Provided, Further, That regional directors who are career executive service
officers and other officers of similar rank in the said regional offices who
cannot be absorbed by the local government unit shall be retained by the
national government, without any diminution of rank, salary or tenure.
(j) To ensure the active participation of the private sector in local governance, local
government units may, by ordinance, sell, lease, encumber, or otherwise
dispose of public economic enterprises owned by them in their proprietary
capacity.
Costs may also be charged for the delivery of basic services or facilities
enumerated in this Section.